Legal Opinion
Ferrell v. North Carolina State Highway Commission
Supreme Court of North Carolina
Decided June 30, 1960No. 670PublishedCited by 14 opinions
1Opinion of the CourtMooRE, J.
The demurrer challenges the jurisdiction of the Superior Court to adjudicate the matters alleged in the complaint.
The action sounds in contract. Plaintiffs seek specific performance of the alleged contract and to that end a mandatory injunction, or in the alternative damages for alleged breach of contract.
The State may not be sued unless by statute it has consented to be sued or has otherwise waived its immunity from suit. Article IV, section 9, Constitution of North Carolina; Smith v. Hefner, 235 N.C. 1, 6, 68 S.E. 2d 783. The North Carolina State Highway Commission is an unincorporated…
2Cases cited9 opinions
- Smith v. HefnerSupreme Court of North Carolina · 1952
- Morganton Manufacturing & Trading Co. v. AndrewsSupreme Court of North Carolina · 1914
- Sale v. State Highway & Public Works CommissionSupreme Court of North Carolina · 1955
- Schloss v. State Highway & Public Works CommissionSupreme Court of North Carolina · 1949
- Moore v. ClarkSupreme Court of North Carolina · 1952
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Guthrie v. North Carolina State Ports AuthoritySupreme Court of North Carolina · 1983
- Atlantic Coast Line Railroad v. State Highway CommissionSupreme Court of North Carolina · 1966
- Cooper v. Nutley Sun Printing Co., Inc.Supreme Court of New Jersey · 1961
- Nello L. Teer Co. v. North Carolina State Highway CommissionSupreme Court of North Carolina · 1965
- State Ex Rel. Environmental Management Commission v. House of Raeford Farms, Inc.Court of Appeals of North Carolina · 1991
9 more not listed; retrieve them via the Exa API.